ABSTRACT
The work and orientation of Weber and Jellinek is a reflection of a particular form of liberalism. Jellinek is to be distinguished by the detached manner of the presentation and analysis of the ideal or the legal protection of individual freedom. Weber justified his negative evaluation of the juridification of the demand for social rights on the level of legal theory. For Weber and Jellinek, the origin of the idea of human rights in the law of nature was a central theme. Jellinek's and Weber's studies concerning the genesis of human rights were undertaken as historical and political studies. In contrast, for Jellinek, it was more difficult than for Weber to bring together individual freedom and authority of the State into a legal theory of subjective public rights. Beyond this set of existing approaches to their work, there are obvious affinities to be found between Jellinek and Weber in the analysis of the genesis of human rights.
